Senate Bill S4903

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4903

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 30, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to  the  meaning  of  the
  terms  "matriculated"  and  "approved  program" for purposes of higher
  education awards and loans

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph a of subdivision 4 of section 661 of the educa-
tion law, as amended by section 1 of part Z of chapter 58 of the laws of
2011, is amended and a new paragraph a-1 is added to read as follows:
  a. Must be matriculated in an approved program,  as  defined  by  [the
commissioner  pursuant  to  article  thirteen]  PARAGRAPH  A-ONE of this
[chapter] SUBDIVISION, or pursuant to paragraph b of  this  subdivision,
in  an  institution  situated  in the state, which has been approved and
operating in this state for at least one year, and has been approved for
participation in federal student financial aid  programs  authorized  by
Title  IV  of  the  Higher Education Act of 1965, as amended. Nothing in
this subdivision shall preclude payment of an award to a  recipient  who
receives  instruction  outside the state, which instruction is conducted
by an institution situated in the state, and is part  of  the  student's
program of study at such institution; provided, however, that nothing in
this  subdivision  shall  preclude  the  receipt  of  a loan pursuant to
section six hundred eighty of  this  article;  provided,  further,  that
students not attending institutions eligible for participating in feder-
al Title IV financial aid programs on or before July first, two thousand
seven:  (i) who received their first award under this article before the
two thousand six--two thousand seven academic year shall be eligible for
payments until the end  of  the  two  thousand  nine--two  thousand  ten
academic year; or (ii) who received their first award under this article
for  the  two thousand six--two thousand seven academic year through and
including the two thousand nine--two thousand ten academic year shall be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10310-01-3
              

S. 4903                             2

eligible for payments until the end of the  two  thousand  fourteen--two
thousand fifteen academic year.
  A-1.  FOR  PURPOSES  OF  PARAGRAPH A OF THIS SUBDIVISION THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (I) "MATRICULATED" SHALL MEAN A STATUS OF STUDENT ENROLLMENT WHEN  THE
FOLLOWING CONDITIONS ARE MET:
  (A)  THE STUDENT HAS FILED A WRITTEN APPLICATION FOR ENROLLMENT AT THE
INSTITUTION FOR THE PURPOSE OF EARNING A DEGREE, DIPLOMA OR CERTIFICATE;
  (B) IN ACCEPTING THE STUDENT'S APPLICATION, THE INSTITUTION HAS  TAKEN
INTO  ACCOUNT THE CAPACITY OF THE STUDENT TO UNDERTAKE A COURSE OF STUDY
AND ITS OWN CAPACITY TO PROVIDE WHAT INSTRUCTIONAL AND OTHER SUPPORT THE
STUDENT NEEDS TO COMPLETE THE PROGRAM;
  (C) THE INSTITUTION, ON THE BASIS OF  CLAUSES  (A)  AND  (B)  OF  THIS
SUBPARAGRAPH, HAS RECOGNIZED THE STUDENT AS A CANDIDATE FOR THAT DEGREE,
DIPLOMA  OR  CERTIFICATE.  FOR  PURPOSES OF THIS CLAUSE, IT SHALL NOT BE
NECESSARY THAT THE STUDENT, IN ADDITION, HAS PASSED MATRICULATION  EXAM-
INATIONS  OR  LANGUAGE  EXAMINATIONS,  OR COMPLETED ANY OTHER PARTICULAR
PREREQUISITES ESTABLISHED BY THE SCHOOL IN ACCORDANCE WITH LOCAL  CUSTOM
OR REGULATION; AND
  (D)  THE  COURSES  PURSUED BY THE STUDENT ARE FULLY RECOGNIZED AT THAT
TIME OF APPLICATION AS CONTRIBUTING TOWARDS FULFILLMENT BY  THE  STUDENT
OF  THE  REQUIREMENTS  FOR  COMPLETION OF THE DEGREE, DIPLOMA OR CERTIF-
ICATE; AND
  (II) "APPROVED PROGRAM" SHALL MEAN A PROGRAM REGISTERED BY THE DEPART-
MENT AND LISTED IN THE "INVENTORY OF REGISTERED PROGRAMS" MAINTAINED  BY
THE  DEPARTMENT. ON OR BEFORE JULY FIRST OF EACH YEAR, EVERY INSTITUTION
OF HIGHER EDUCATION IN THIS STATE SHALL:
  (A) VERIFY THAT ITS PROGRAM OFFERINGS  AND  CATALOG  DESCRIPTIONS  ARE
CONSISTENT WITH THE "INVENTORY OF REGISTERED PROGRAMS"; AND
  (B)  VERIFY THAT FOR EACH STUDENT CERTIFIED FOR A FINANCIAL AID AWARD,
THERE IS AN OFFICIAL RECORD OF THE APPROVED PROGRAM IN WHICH THE STUDENT
IS ENROLLED.
THE VERIFICATIONS REQUIRED BY CLAUSES (A) AND (B) OF  THIS  SUBPARAGRAPH
SHALL BE MADE IN A MANNER AND FORM TO BE DETERMINED BY THE COMMISSIONER.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.